Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - If Court finds that addition of a party will introduce a new cause of action, it ought to dismiss the application seeking impleadment U.O.1.R.10 CPC...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third parties - Suit for specific performance - Respondents are not necessary party to suit as effective decree can be passed in their absence - Moreover, respondents have already filed a separate suit for enforcement of their claim against third party - Therefore, they are neither necessary nor proper party to..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Plaintiffs were parties to earlier suit involving same subject matter - Concurrent findings of Courts below that suit being barred by res judicata is proper...........
Indian Penal Code, 1860, Section 376(2)(1)(n), Protection of Children from Sexual Offences Act, 2012, Section 5(k)(1), 6, 17 -- Rape - Mere absence of hymen is not conclusive proof of sexual assault, particularly in absence of corroborative medical, forensic or testimonial evidence...........
Indian Penal Code, 1860, Section 376(2)(1)(n), Protection of Children from Sexual Offences Act, 2012, Section 5(k)(1), 6, 17 -- Rape - Testimony of minor victim suffer from internal contradictions - Contradictions in testimonies of victim's parents regarding timing and knowledge of alleged incident are significant - Medical evidence shows that there were no injury marks,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Law of amendment in case of written statement is much liberal as compared to amendment of plaint...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Proceedings under Motor Vehicle Act - Proposed amendment was to incorporate a preliminary objection based upon factual assertions - Once petitioner has shown stand taken before Consumer Court, prior to filing of written statement, it cannot be said that proposed amendment is improvement in the..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit - Sufficient grounds - Careless framing of plaint without disclosing proper valuation, cause of action, other material facts such as lunacy of plaintiff's father and uncles comes within ambit of sufficient grounds for allowing plaintiff to institute a fresh suit regarding..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh one - Sufficient grounds - Plaintiff filed suit for permanent injunction and other consequential reliefs yet no prayer for confirmation of possession has been made - Since consequential relief of confirmation of possession has not been pleaded, suit itself is not maintainable in..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal - Permission to lead additional evidence in rebuttal - Defendant denied signatures of her father on documents in question and stated that documents were forged and fabricated - Plaintiffs led no affirmative evidence in rebuttal - Defendant evidence stood closed prior to filing of present application - Moreover,..........
